SYED MOZAMMIL ASHRAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the respondents.

(2.) This writ petition has been directed against office order of the Road Construction Department, Govt. of Bihar, issued vide memo No. 11256 (S) dated 29.12.1999 (annexure-7) under the signature of Under Secretary of the Department. The petitioner has also sought promotion to the post of Senior Accounts Clerk with effect from 01.05.1999 with all consequential benefits as at the time of filing of the writ petition, he was working as Junior Accounts Clerk in the Office of Executive Engineer, Advance Planning National Highway, Division, Lakhisarai.

(3.) Learned Counsel for the petitioner submitted that as per the gradation list issued by the department on 15.06.1990 (annexure-1), the petitioner was at serial No. 2 among the Junior Accounts Clerk and thereafter Sri Vidyapatti Sinha, who was at serial No. 1 of the said list retired on 30.04.1999, whereafter the petitioner became the senior most Junior Accounts Clerk. He further averred that earlier the petitioner had filed CWJC No. 2365 of 1994 for directing the respondents to grant promotion to him in accordance with law and the said writ petition was disposed of on 09.03.1995 (armexure-2) with a direction to the petitioner to file a comprehensive representation before the Superintending Engineer, Advance Planning, Road Construction Department, Bhagalpur and the said authority was directed to hear the petitioner and pass a speaking order within three weeks from the date of filing of such representation without being prejudiced by the earlier orders and if the claim of the petitioner is found to be genuine, necessary appropriate order was directed to be passed forthwith. Learned Counsel for the petitioner also stated that on the basis of the said order, the petitioner filed his representation, but when the order of this Court was not complied, he filed a petition for initiating a proceeding of contempt against the authorities concerned bearing MJC No. 1533 of 1995 which was dropped on 02.04.1996 (annexure-4) as in the meantime, the authority concerned had passed order dated 17.07.1995 (annexure-3) and this Court directed that the Chief Engineer shall examine the said order of the Superintending Engineer and take appropriate action.